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Archive for July, 2009
Arbitration Round-Up
July 12, 2009 by
Beeson Tayer & Bodine
Here is a sampling of recent arbitration cases handled by Beeson, Tayer & Bodine Managerial Support/ Confidential Group and Central Contra Costa County Sanitary District – Suspension (Willful Insubordination): Grievant, a supervisor, was suspended for… Read More
Bankrupt Employer’s Managers Liable for FLSA Claims
The Ninth Circuit Court of Appeals has ruled that employees shorted by bankrupt employers may pursue their Fair Labor Standards Act (FLSA) claims against the employer’s managers. Boucher v. Shaw, __ F.3d __ (7/27/09). In… Read More
California Courts Address Tip Pooling Issues
Tip pools are an increasingly common source of litigation in California. Labor Code section 351 provides that tips are the sole property of the person to whom they are given, and that the employer and… Read More
Court Grants Harassment Complaints Broad Protection
The U.S. Supreme Court has ruled that Title VII provides protection for employees who speak out about harassment in response to the employer’s internal investigation. Crawford v. Metro. Gov’t of Nashville & Davidson County (2009)…. Read More
Court Rejects Interest Arbitration for Law Enforcement and Firefighters
A California Court has again rejected the state legislature’s desire to compel interest arbitration of deadlocked MOU negotiations between municipal employers and their law enforcement and firefighter employee organizations. Under the Meyers-Milias-Brown Act when negotiations… Read More
Court Restores Promise of Whistleblower Act for State Employees
The California Supreme Court has issued a decision removing roadblocks to whistleblower suits brought by state employees. State Board of Chiropractic Examiners v. Sup. Ct., (2009) 45 Cal.4th 963. The Court held that state employees… Read More
Court Reverses NLRB’s Anti-Union Email Discrimination Test
A federal Court of Appeals has reversed the NLRB on an important, anti-worker holding the Board issued in Register Guard, 351 NLRB No. 70 (2007). (See BTB Labor Law Bulletin, Jan. ’09, p. 2.) In… Read More
Discarded Tests Subject to Tougher Reverse Discrimination Standard
In a closely divided opinion issued in June, the U.S. Supreme Court shifted its longstanding standard for the proof required to prove disparate impact under Title VII. Ricci v. DeStefano (2009). The Court held that… Read More
DOL Issues New FMLA Regulations
Revisions to the Department of Labor’s regulations for the Family Medical Leave Act (“FMLA”) took effect January 16, 2009. The revisions apply only to the FMLA and not the related California law, California Family Rights… Read More
First $2,400 of Unemployment Benefits Tax Free for 2009
Under the American Recovery and Reinvestment Act, enacted in February, every person who receives unemployment benefits during 2009 is eligible to exclude the first $2,400 of these benefits when they file their tax return next… Read More
Arbitration Round-Up
July 12, 2009 by Beeson Tayer & Bodine
Here is a sampling of recent arbitration cases handled by Beeson, Tayer & Bodine Managerial Support/ Confidential Group and Central Contra Costa County Sanitary District – Suspension (Willful Insubordination): Grievant, a supervisor, was suspended for… Read More
Bankrupt Employer’s Managers Liable for FLSA Claims
The Ninth Circuit Court of Appeals has ruled that employees shorted by bankrupt employers may pursue their Fair Labor Standards Act (FLSA) claims against the employer’s managers. Boucher v. Shaw, __ F.3d __ (7/27/09). In… Read More
California Courts Address Tip Pooling Issues
Tip pools are an increasingly common source of litigation in California. Labor Code section 351 provides that tips are the sole property of the person to whom they are given, and that the employer and… Read More
Court Grants Harassment Complaints Broad Protection
The U.S. Supreme Court has ruled that Title VII provides protection for employees who speak out about harassment in response to the employer’s internal investigation. Crawford v. Metro. Gov’t of Nashville & Davidson County (2009)…. Read More
Court Rejects Interest Arbitration for Law Enforcement and Firefighters
A California Court has again rejected the state legislature’s desire to compel interest arbitration of deadlocked MOU negotiations between municipal employers and their law enforcement and firefighter employee organizations. Under the Meyers-Milias-Brown Act when negotiations… Read More
Court Restores Promise of Whistleblower Act for State Employees
The California Supreme Court has issued a decision removing roadblocks to whistleblower suits brought by state employees. State Board of Chiropractic Examiners v. Sup. Ct., (2009) 45 Cal.4th 963. The Court held that state employees… Read More
Court Reverses NLRB’s Anti-Union Email Discrimination Test
A federal Court of Appeals has reversed the NLRB on an important, anti-worker holding the Board issued in Register Guard, 351 NLRB No. 70 (2007). (See BTB Labor Law Bulletin, Jan. ’09, p. 2.) In… Read More
Discarded Tests Subject to Tougher Reverse Discrimination Standard
In a closely divided opinion issued in June, the U.S. Supreme Court shifted its longstanding standard for the proof required to prove disparate impact under Title VII. Ricci v. DeStefano (2009). The Court held that… Read More
DOL Issues New FMLA Regulations
Revisions to the Department of Labor’s regulations for the Family Medical Leave Act (“FMLA”) took effect January 16, 2009. The revisions apply only to the FMLA and not the related California law, California Family Rights… Read More
First $2,400 of Unemployment Benefits Tax Free for 2009
Under the American Recovery and Reinvestment Act, enacted in February, every person who receives unemployment benefits during 2009 is eligible to exclude the first $2,400 of these benefits when they file their tax return next… Read More
